April 19, 2019
Army Corps of Engineers: Environmental Infrastructure
Assistance

The U.S. Army Corps of Engineers (USACE) undertakes
USACE may perform the authorized design or construction
water resources development projects pursuant to
work, and often can use appropriated funds to reimburse
authorizing statutes and the receipt of appropriations.
nonfederal sponsors for work the sponsors perform, subject
Traditional USACE projects for navigation, flood control,
to the availability of appropriations.
and ecosystem restoration are authorized in omnibus
authorization bills titled Water Resource and Development
Authorizing EI Assistance
Acts (WRDAs). Since 1992, Congress also has authorized
Since 1992, Congress has authorized USACE to contribute
and provided for USACE assistance with planning, design,
EI assistance to more than 350 projects and programs, with
and construction of municipal drinking water and
cumulative authorizations of appropriations totaling more
wastewater infrastructure projects in designated
than $5 billion. The authorizations of appropriations for
communities, counties, and states. This assistance supports
these activities vary widely from $100,000 for one water
nonfederally owned and operated facilities, such as
monitoring station to $435 million for a five-state program.
distribution and collection works, stormwater collection and
recycled water distribution, and surface water protection
Congress authorized USACE to assist with EI projects
and development projects. This USACE assistance is
beginning with WRDA 1992 (P.L. 102-580): Section 219
broadly labeled environmental infrastructure (EI).
authorized design assistance for 18 projects (referred to as
Section 219 authorities), and six other sections authorized
Section 219 of WRDA 1992 (P.L. 102-580), as amended,
design and construction assistance for EI assistance projects
includes various EI assistance authorizations for specific
and programs in select geographic areas (e.g., southern
geographic locations (e.g., city, county, multiple counties)
West Virginia). WRDA 1996 (P.L. 104-303) added
and types of projects (e.g., municipal drinking water, storm-
construction assistance to the Section 219 EI authorities.
water control). Other WRDAs and some Energy and Water
Subsequent USACE authorization and appropriation bills
Development Appropriations acts also have enacted EI
included authorizations for new EI assistance projects (e.g.,
authorities. No Administration has ever requested
WRDA 2007 [P.L. 110-114] added over 200 projects) and
authorization or appropriations for USACE to perform EI
raised the authorized funding ceilings for previously
assistance. Based on a review of enacted legislation likely
authorized EI assistance.
to include EI assistance authorities, the Congressional
Research Service (CRS) identified authorized EI assistance
Authority Modifications and Deauthorizations
in at least 44 states, the District of Columbia, Puerto Rico,
Recent congressional authorization of EI assistance projects
U.S. Virgin Islands, and the Northern Mariana Islands. CRS
has been limited to a number of factors including policies
did not identify through the review authorities for EI
restricting congressionally directed spending (earmarking).
assistance in Delaware, Hawaii, Maine, Nebraska,
Modifications to an existing EI authorization may provide
Vermont, Washington, and other U.S. territories.
an avenue to expand the location, amend eligible projects
types, and adjust the authorization of appropriations.
USACE Assistance
Section 7001 of WRDA 2014 (P.L. 113-121) requires
Because EI assistance projects are not traditional USACE
USACE to annually submit a report to Congress identifying
water resource projects, they are not subject to the USACE
study and project authorizations and modifications
planning process (e.g., a feasibility study is not performed);
proposed by nonfederal interests that meet certain criteria.
however, EI assistance is subject to federal laws, such as
Congress may consider these proposals as part of WRDA
the National Environmental Policy Act (NEPA). An
deliberations. In WRDA 2016 (P.L. 114-322), Congress
activity’s eligibility for assistance is evaluated by
expanded Section 7001 of WRDA 2014 to allow nonfederal
identifying whether there is an EI authorization for the
entities to propose modifications to existing Section 219
geographic area of the project, and whether the type of
authorities for EI assistance. WRDA 2018 (P.L. 115-270)
activity is eligible under the EI authorization.
further expanded Section 7001 of WRDA 2014 to allow for
all EI assistance authorizations to be eligible for
The nature of USACE’s involvement and nonfederal cost
modification proposals. Prior to enactment of WRDA 2014,
share vary according to the specifics of the authorization.
EI assistance projects were not considered as part of
Although most USACE EI assistance requires cost sharing
USACE deauthorization processes. WRDAs 2014, 2016,
at 75% federal and 25% nonfederal, some of the assistance
and 2018 enacted new deauthorization processes that may
authorities are for 65% federal and 35% nonfederal. The
include EI authorities. For more on the deauthorization and
nonfederal sponsor is the owner of constructed facilities and
Section 7001 processes, see CRS Report R45185, Army
is responsible for 100% of operations and maintenance.
Corps of Engineers: Water Resource Authorization and
Project Delivery Processes
.
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Army Corps of Engineers: Environmental Infrastructure Assistance
Funding for EI Assistance
appropriations legislation. CRS Report RL30478, Federally
Congress regularly includes USACE EI funding in
Supported Water Supply and Wastewater Treatment
appropriations bills. EI assistance is funded through the
Programs, describes other federal programs that provide
agency’s Construction account in annual Energy and Water
assistance to similar water projects on a competitive basis
Development Act appropriations legislation. Since 1992,
using established criteria (e.g., Environmental Protection
Congress has provided USACE roughly $2 billion in funds
Agency’s state revolving funds and U.S. Department of
for EI assistance cumulatively. Congress provided USACE
Agriculture’s small watershed loans).
with $70 million for EI assistance projects in FY2018 and
$77 million in FY2019 (see Table 1). In recent years,
Figure 1. Total Annual EI Funding per State
Congress funds EI assistance as part of the “additional
funding” provided above the President’s request.
Table 1. Annual Funding for EI Assistance Projects
($ in millions)
Fiscal Year
2014
2015 2016 2017 2018 2019
Total Funding
$44
$50
$55
$55
$70
$77
Projects
26
25
33
31
36
36
Funded
Median
$1.6
$1.8
$1.0
$1.6
$1.5
$1.8
Funding per
Project
Percent of
2.0%
3.1%
3.0%
2.9%
3.4%
3.5%
Construction
Account
Funding
Source: CRS compiled from USACE Work Plans (FY2014-FY2019).
After enactment of an appropriations bill, the
Administration is to follow guidance provided in the bill
and accompanying reports to direct its use of these funds to
authorized EI assistance projects. The selected EI assistance
projects are identified in the agency’s work plan for the
fiscal year, which is typically available within two to three
months after enactment of appropriations. As shown in
Table 1, 36 EI projects and programs received a portion of
the $77 million provided in FY2019.
A subset of authorized USACE EI projects have received
funding: 27 states with EI assistance authorizations have
received funding in the last six fiscal years (see Figure 1).
Like many USACE projects, congressional support for
appropriations of specific EI assistance is complicated by
the authorities’ geographic specificity, which is impacted
by earmark moratoria policies. In recent years, USACE has
funded ongoing EI assistance, and has not funded new
starts. Unlike the direction that Congress has provided
USACE to initiate a set number of new construction
projects in USACE’s traditional missions, Congress has not
identified EI assistance projects as eligible to be among the
new construction starts.
Other Federal Assistance Authorizations

Source: CRS using USACE Work Plans.
EI assistance at times has been identified by various
Notes: EI assistance authorizations in 17 states, the District of
Administrations and others as a low priority for USACE, in
Columbia, Puerto Rico, U.S. Virgin Islands, and the Northern Mariana
part because other federal and state agencies have programs
Islands have not received funding in the last six fiscal years.
for which these nonfederal water projects may be eligible.
An amendment to eliminate funding for EI assistance,
offered based on the duplicative federal role and other
Anna E. Normand, Analyst in Natural Resources Policy
arguments, failed by a vote of 12-84 during Senate floor
IF11184
consideration of FY2017 Energy and Water Development
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Army Corps of Engineers: Environmental Infrastructure Assistance


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